Terms & Conditions

1. Who you are contracting with

This site and everything sold on it are operated by Jeffrey Davis, trading as Retired & Active ("we", "us", "our"). When you buy a product or use this site, you are entering into an agreement with us on these terms. You can reach us at hello@walkingperformance.com.

2. Acceptance

By using this site or buying a product, you agree to these terms. If you do not agree, please do not use the site. You confirm that you are of legal age to enter into this agreement, and if you are buying on behalf of an organization, that you have authority to bind it.

3. What we provide

We sell digital products: printable PDF kits, ebooks, and unlock codes for our browser-based party game. Products are delivered as immediate downloads after checkout. Free tools and games on this site are provided as-is for personal use.

4. Licence and restrictions

We grant you a limited, non-exclusive, non-transferable licence to use and print our products for your own personal, family, or household use. Activities directors, schools, and care communities may use the products with the residents or students in their own facility.

You must not:

• resell, redistribute, share, or republish our files or unlock codes;
• reverse engineer, decompile, or circumvent any technical limits;
• use the site or products unlawfully, fraudulently, or to send spam;
• infringe anyone's intellectual property; or
• interfere with the security of the site, including malware, probing, or scraping.

5. Intellectual property

We retain ownership of all our products, software, text, artwork, questions, branding, and documentation. Nothing in these terms transfers ownership to you.

6. Service level

We work to keep the site and games available, but we do not guarantee uninterrupted or error-free performance. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

7. Payment, billing, and refunds

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Payment, billing, tax, and cancellation mechanics are governed by Paddle's Buyer Terms. Refunds are covered by our refund policy.

8. Health and general information disclaimer

Our walking, nutrition, activity, and protocol materials are for general educational purposes only. They are not medical advice and are not a substitute for care from a qualified professional. Talk to your doctor before starting any new exercise or nutrition program.

9. Liability

To the fullest extent permitted by law, our aggregate liability arising out of or relating to these terms is limited to the fees you paid us in the twelve months before the claim. We exclude liability for indirect, consequential, or special damages, including loss of profits, data, or goodwill. Nothing excludes liability for fraud, death, or personal injury caused by our negligence where the law does not allow it.

10. Indemnity

You agree to indemnify us against claims arising from your unlawful use of the site or products, or your breach of these terms.

11. Suspension and termination

We may suspend or terminate your access for material breach of these terms, non-payment, security or fraud risk, or repeated or serious policy violations. On termination, your licence to use the products ends, though files you have already downloaded lawfully remain yours to use personally.

12. Changes

We may update these terms. Continued use of the site after an update means you accept the revised terms.

13. Governing law

These terms are governed by the laws of the State of Illinois, United States, and the courts of that jurisdiction have exclusive jurisdiction over any dispute. You may not assign these terms without our consent; we may assign them in connection with a merger or acquisition. Neither party is liable for delays caused by events beyond its reasonable control.